II 

118TH CONGRESS 

2D SESSION S. 3864 

To amend the Public Health Service Act to provide for congenital 

Cytomegalovirus screening of newborns. 

IN THE SENATE OF THE UNITED STATES 

MARCH 5, 2024 

Mr. BLUMENTHAL (for himself, Mr. MARSHALL, and Mr. MURPHY) introduced 

the following bill; which was read twice and referred to the Committee 

on Health, Education, Labor, and Pensions 

A BILL 

To amend the Public Health Service Act to provide for 

congenital Cytomegalovirus screening of newborns. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as ‘‘Stop CMV Act of 2024’’. 

5 SEC. 2. SCREENING OF CONGENITAL CYTOMEGALOVIRUS. 

6 Part A of title XI of the Public Health Service Act 

7 is amended by inserting after section 1116 (42 U.S.C. 

8 300b–15) the following: 


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1 ‘‘SEC. 1116A. SCREENING OF CONGENITAL 

2 CYTOMEGALOVIRUS. 

3 ‘‘(a) IN GENERAL.—Each hospital or other health 

4 care entity caring for infants who are 21 days or less of 

5 age (as designated by the Secretary) may administer, or 

6 cause to have administered, to every such infant in its care 

7 a test for congenital Cytomegalovirus in accordance with 

8 this section. 

9 ‘‘(b) PROCESS.— 

10 ‘‘(1) IN GENERAL.—In carrying out this sec11 tion, the chief executive officer for health in each 

12 State may prescribe standards and procedures for 

13 the administration of testing under subsection (a), 

14 including recording the results of such tests, track15 ing activities, conducting follow-up reviews, and car16 rying out educational activities. 

17 ‘‘(2) DISSEMINATION OF INFORMATION.—In 

18 carrying out this section, the chief executive officer 

19 for health in each State may prescribe standards 

20 and procedures setting forth the manner in which 

21 testing information is disseminated to a parent or 

22 guardian of the infant to be tested. 

23 ‘‘(3) FAILURE TO PRESCRIBE.—If a State has 

24 not prescribed standards and procedures that are 

25 approved as provided for in paragraph (4) by the 

26 date that is 2 years after the date of enactment of 


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1 the Stop CMV Act of 2024, the Discretionary Advi2 sory Committee on Heritable Disorders in Newborns 

3 and Children established under section 1111 (re4 ferred to in this section as the ‘Advisory Com5 mittee’) shall prescribe appropriate standards and 

6 procedures which may be implemented by such 

7 State. 

8 ‘‘(4) REVIEW AND APPROVAL.—The standards 

9 and procedures prescribed under this subsection 

10 shall be subject to review and approval by the Advi11 sory Committee. In reviewing or prescribing stand12 ards and procedures as required under this sub13 section, the Advisory Committee shall consider 

14 standards and procedures adopted in other States 

15 with respect to the screening of congenital 

16 Cytomegalovirus, the standards and procedures 

17 adopted in such State with respect to the screening 

18 of infants for other heritable diseases, and any sci19 entific evidence the Advisory Committee considers 

20 relevant to provide for the screening of infants for 

21 congenital Cytomegalovirus. 

22 ‘‘(c) GRANTS.— 

23 ‘‘(1) HEALTH RESOURCES AND SERVICES AD24 MINISTRATION.— 


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1 ‘‘(A) IN GENERAL.—The Secretary, acting 

2 through the Administrator of the Health Re3 sources and Services Administration, shall 

4 award grants to States that prescribe standards 

5 and procedures in accordance with paragraphs 

6 (1) and (2), to be distributed by the States to 

7 entities described in subsection (a) to admin8 ister tests in accordance with that subsection. 

9 ‘‘(B) AUTHORIZATION OF APPROPRIA10 TIONS.—There is authorized to be appropriated 

11 to carry out subparagraph (A) such sums as 

12 may be necessary for each of fiscal years 2024 

13 and 2025. 

14 ‘‘(2) CENTERS FOR DISEASE CONTROL AND

15 PREVENTION.— 

16 ‘‘(A) IN GENERAL.—The Secretary, acting 

17 through the Director of the Centers for Disease 

18 Control and Prevention, shall award grants to, 

19 or enter into cooperative agreements with, 

20 States to provide technical assistance to State 

21 agencies or designated entities of States— 

22 ‘‘(i) to develop, maintain, and improve 

23 data collection systems relating to con24 genital Cytomegalovirus; and 


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1 ‘‘(ii) to assist in the education and 

2 training of health care providers, patients, 

3 and the general public regarding the risk 

4 reduction or prevention, symptoms, diag5 nosis, and treatment of congenital 

6 Cytomegalovirus, including, as necessary, 

7 through the publication of scientific, evi8 dence-based educational materials on 

9 Internet webpages maintained by State 

10 agencies or designated entities of States. 

11 ‘‘(B) AUTHORIZATION OF APPROPRIA12 TIONS.—There is authorized to be appropriated 

13 to carry out subparagraph (A) such sums as 

14 may be necessary for each of fiscal years 2024 

15 and 2025. 

16 ‘‘(3) NATIONAL INSTITUTES OF HEALTH.— 

17 ‘‘(A) IN GENERAL.—The Director of the 

18 National Institutes of Health shall— 

19 ‘‘(i) for the purposes of this section, 

20 establish a program, or expand existing 

21 programs, of research and development on 

22 the efficacy of new screening techniques 

23 and technology relating to congenital 

24 Cytomegalovirus, including clinical studies 


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1 of screening methods, studies on efficacy of 

2 intervention, and related research; and 

3 ‘‘(ii) establish a program, or expand 

4 existing programs, of research and develop5 ment into congenital Cytomegalovirus 

6 diagnostics, prevention, treatments includ7 ing public health awareness campaigns, 

8 risk reduction, and vaccine development, 

9 and cures or treatments (during pregnancy 

10 and after birth). 

11 ‘‘(B) FUNDING.—The Director of the Na12 tional Institutes of Health shall carry out sub13 paragraph (A) using amounts available to the 

14 Director and not otherwise obligated.’’. 

15 SEC. 3. ADVISORY COMMITTEE ON HERITABLE DISORDERS 

16 IN NEWBORNS AND CHILDREN. 

17 Section 1111(b) of the Public Health Service Act (42 

18 U.S.C. 300b–10(b)) is amended— 

19 (1) in paragraph (7) by striking ‘‘and’’ after 

20 the semicolon; 

21 (2) by redesignating paragraph (8) as para22 graph (9); and 

23 (3) by inserting after paragraph (7) the fol24 lowing: 


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1 ‘‘(8) carry out activities under section 1116A; 

2 and’’. 

Æ 


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